“Intermediary Liability” Issue: Safe Harbor, but with Conditions

The Grok case has sharpened the debate regarding intermediary liability, especially when the platform not only provides upload space, but also provides tools that can generate or modify content. Permenkominfo 5/2020 recognizes a mechanism for limiting liability for PSE user-generated content, but it is conditional: PSEs can be exempted from liability if they fulfill moderation obligations (Article 9 paragraph (3) and Article 10), provide user information for supervision/law enforcement purposes, and take down prohibited content.

In this context, the focus of supervision is not only on user behavior, but also on the design of security, moderation and platform response to potential misuse of AI features.

Global Dynamics: xAI Restrictions and Regulator Pressure

Developments in Indonesia are occurring amid global attention. Reuters reported that regulators in various regions have condemned, and even opened reviews, regarding the circulation of AI-generated sexual content produced via Grok. xAI said the restriction of image generation and editing features was carried out after widespread criticism, including issues of output involving victims without consent.

For Indonesia, the temporary access termination step is positioned as a rapid protection instrument while awaiting clarification and security improvements by the service provider.